North Dakota Supreme Court December 7, 1898 (Kuhnert v. Angell)

Young, J.

The plaintiff, who is the'proprietor of a livery stable in the city of Fargo, obtained a verdict in this case in the District Court for injuries done to one of his teams, and other attendant and consequent injury, resulting from its being driven into a barbed-wire fence, placed across what he designated as a “trail,” the fence not having the protective guard rails which the law requires